senate Bill S5493A

Provides the community guardianship program

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / May / 2011
    • REFERRED TO AGING
  • 11 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1164
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO SOCIAL SERVICES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO AGING
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO AGING
  • 05 / Jan / 2012
    • PRINT NUMBER 5493A
  • 29 / Feb / 2012
    • 1ST REPORT CAL.258
  • 01 / Mar / 2012
    • 2ND REPORT CAL.
  • 05 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2012
    • PASSED SENATE
  • 06 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 06 / Mar / 2012
    • REFERRED TO MENTAL HEALTH

Summary

Provides the community guardian program shall obtain annually a statement prepared by a physician, psychologist, nurse clinician, social worker, or other person, evaluating the condition and current functional level of the person for whom the community guardian program serves as guardian.

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Bill Details

See Assembly Version of this Bill:
A8308A
Versions:
S5493
S5493A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยง473-d, Soc Serv L

Sponsor Memo

BILL NUMBER:S5493A

TITLE OF BILL:
An act
to amend the social services law, in relation to the community
guardianship program

SUMMARY OF PROVISIONS:
At present, subparagraph (g) of paragraph 3 of section 473-d of the
Social Services Law requires that community guardian programs obtain
assessments of their clients by two mental health professionals each
year. These assessments are intended to be used to determine whether
the guardianship continues to be necessary.

Section one of this bill would eliminate this requirement and instead
require a report by a doctor or psychologist or other person who has
evaluated the client in the three months prior to the filing of the
report regarding the client's condition and current functional level.
This report is already required by paragraph 5 of subdivision (b) of
section 81.31 of the Mental Hygiene Law.

JUSTIFICATION:
Current Social Services Law requires that clients of a community
guardian program be assessed yearly by two mental health
professionals. These assessments help determine whether continued
guardianship is needed.
This requirement is no longer necessary in light of provisions of the
Mental Hygiene Law. In particular, section 81.31 of the Mental
Hygiene law requires that every guardian file an annual report with
the court covering range of issues. One component of the report is a
statement by a physician, psychologist, nurse clinician or social
worker or other person who has recently evaluated the client
regarding the client's condition and his or her function level. Since
an evaluation of each client must now be conducted, it is redundant
to require that two mental health professionals must also assess the
client. During these difficult fiscal times, New York City strains to
safeguard vital services while
implement cost saving measures. Funds spent by localities on contracts
for these assessments could be used elsewhere, rather than supporting
duplicative and unnecessary evaluations.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
Savings to localities utilizing the community guardian program.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5493--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Aging  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the social services law, in relation to the community
  guardianship program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (g)  of  subdivision 3 of section 473-d of the
social services law, as added by chapter 846 of the  laws  of  1986  and
such  section  as  renumbered  by  chapter  395  of the laws of 1995, is
amended to read as follows:
  (g) the community guardian program shall  obtain  [annual  assessments
from  two  qualified psychiatrists or one qualified psychiatrist and one
qualified psychologist who are independent  of  the  community  guardian
program  of  persons  for  whom it serves as committee or conservator to
determine whether continuation of the guardianship is necessary, and the
appointing court shall be informed of the results  of  such  assessments
and  may  discharge  the  community  guardian  program as conservator or
committee pursuant to sections 77.35 and 78.27  of  the  mental  hygiene
law]  ANNUALLY  A STATEMENT PREPARED BY A PHYSICIAN, PSYCHOLOGIST, NURSE
CLINICIAN, OR SOCIAL WORKER, OR OTHER PERSON  EVALUATING  THE  CONDITION
AND FUNCTIONAL LEVEL OF A PERSON FOR WHOM THE COMMUNITY GUARDIAN PROGRAM
SERVES  AS  GUARDIAN  PURSUANT  TO  PARAGRAPH FIVE OF SUBDIVISION (B) OF
SECTION 81.31 OF THE MENTAL HYGIENE LAW;
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11291-03-1

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